PROPERTY SERVICES LDN LTD v SUE ELISE NASH

PROPERTY SERVICES LDN LTD v SUE ELISE NASH

The injunction was discharged because the Claimant failed to make full and frank disclosure of material facts, including the existence of Receivers and the mortgage, and the transaction appeared to be a sham to prevent the Receivers from exercising their rights. The breach of duty was fundamental and deliberate, warranting discharge of the injunction regardless of other factors.

Parties
Claimant: Property Services LDN Ltd; Defendant: Miss Sue Elise Nash; Third Party/interested Party (fixed Term Receiver): Mr Steven Williams; Third Party/interested Party (fixed Term Receiver): Mr Gary Williams
Jurisdiction
England and Wales
Judgment Date
26 May 2022
Procedural Posture
Injunction Application (return Date) / Hearing on Return Date of Interim Injunction
Outcome
Injunction discharged
Legal Topics
Injunctions, Receivership, Mortgage Default, Full and Frank Disclosure, Auction of Mortgaged Property
Civil Procedure Property Law Equity Injunctions Receivership Mortgage Default Full and Frank Disclosure Auction of Mortgaged Property

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Parties

Property Services LDN Ltd

Claimant

Miss Sue Elise Nash

Defendant

Mr Steven Williams

Third Party/interested Party (fixed Term Receiver)

Mr Gary Williams

Third Party/interested Party (fixed Term Receiver)

Procedural Posture

Injunction Application (return Date) / Hearing on Return Date of Interim Injunction

Legal Issues

  1. 1 Whether the injunction should be continued, varied, or discharged
  2. 2 Whether there was full and frank disclosure by the Claimant in the without notice application
  3. 3 Whether the transaction between Claimant and Defendant was genuine or a sham to prevent auction by Receivers

Ratio Decidendi

The injunction was discharged because the Claimant failed to make full and frank disclosure of material facts, including the existence of Receivers and the mortgage, and the transaction appeared to be a sham to prevent the Receivers from exercising their rights. The breach of duty was fundamental and deliberate, warranting discharge of the injunction regardless of other factors.

Court Disposition

Injunction discharged

Orders

  • The interim injunction granted on 12 May 2022 is discharged.